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ELCAllowed· [2013] KEELC 31 (KLR)

Prof. Elim LokapelT/A Trans Africa High School And Trans Africa Institute Of Advanced Studies v William Lomoru, John Lochino, James Mzee Katoli, Esther Akiru Adui, Ethekon Edhan Akironya, Selina Akono Lomenkuya, Esther Epass Awosit, Haron Ekai Echwa, Eremon Asunyen Limanyang, Regina Akiru Mateing, Itau Ekai, Benson Esekon Edukon & Rebeca Atabo (Environment & Land Case 57 of 2013) [2013] KEELC 31 (KLR)

Environment and Land Court
7 November 2013
EOE. Obaga
496 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Lodwar landowner who proved his 1992 plot allotment won a permanent injunction and eviction of trespassers who never appeared in court.

What this practically means

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Executive summary

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Professor Elim Lokapel, trading as Trans-Africa High School and Trans-Africa Institute of Advanced Studies, sued unnamed Defendants seeking a permanent injunction against trespass and encroachment on his parcel of land at Kanamkemer, Lodwar, together with an eviction order and costs. The Defendants were duly served with summons but neither entered appearance, filed a defence, nor appeared at the hearing, which proceeded ex-parte. The Plaintiff, a professor at Mount Kenya University and director of the two educational institutions, testified that in 1992 the then Municipal Council of Lodwar allotted his Institute Plot No. 366, measuring 75.3563 hectares. He produced the allotment letter, a part development plan circulated by the District Physical Planning Officer in 2011, a 2011 letter from the District Surveyor confirming demarcation and placement of beacons, and a 2012 letter from the Town Clerk confirming payment of land rates. He attributed the Defendants' invasion of the land to the proposed Northern Corridor road development and the discovery of oil in Turkana. The court found the Plaintiff's evidence uncontroverted and sufficient to prove his case on a balance of probabilities, holding that the Defendants had no reason for invading the land. Judgment was entered for the Plaintiff on 7 November 2013: a permanent injunction issued as prayed, the Defendants were to be evicted from the suit land forthwith, and the Plaintiff was awarded the costs of the suit.

Key legal issues

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01

Proof of title/interest in land on a balance of probabilities in an uncontroverted ex-parte suit

Holding

The Plaintiff proved allotment of 75.3563 hectares, demarcation and payment of rates, entitling him to a permanent injunction and eviction of the Defendants

Reasoning

The Plaintiff produced the certificate of registration of his institutions, the 1992 allotment letter, the part development plan correspondence, confirmation of demarcation and beacon placement by the District Surveyor, and evidence of payment of land rates. The Defendants never entered appearance or filed a defence, so the evidence was uncontroverted. The court found trespass unjustified and granted the injunction and eviction as prayed.

p. 2

Legal principles established

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  • Uncontroverted evidence that proves allotment of land on a balance of probabilities entitles the allottee to protection by way of permanent injunction against trespassers

Court orders

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  1. 1.A permanent injunction against the Defendants as prayed for in the Plaint
  2. 2.The Defendants to be evicted from the suit land forthwith
  3. 3.Costs of the suit to the Plaintiff
Jurisdiction invoked
Not expressly stated; first-instance land dispute within the court's jurisdiction

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Prof. Elim LokapelT/A Trans Africa High School And Trans Africa Institute Of Advanced Studies v William Lomoru, John Lochino, James Mzee Katoli, Esther Akiru Adui, Ethekon Edhan Akironya, Selina Akono Lomenkuya, Esther Epass Awosit, Haron Ekai Echwa, Eremon Asunyen Limanyang, Regina Akiru Mateing, Itau Ekai, Benson Esekon Edukon & Rebeca Atabo (Environment & Land Case 57 of 2013) [2013] KEELC 31 (KLR)", Case Analysis (2013). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2013/31/eng@2013-11-07

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.